Ordinance Number 01-22
ORDINANCE NUMBER 01-22
AMENDING CHAPTER 115 OF THE MOUNTAIN IRON CITY CODE
THE CITY COUNCIL OF MOUNTAIN IRON ORDAINS:
Section 1. Amending Section 115.01 PURPOSE. Section 115.01 of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
Because the city recognizes that many persons under the age of 21 years purchase or otherwise obtain, possess and use tobacco and tobacco related devices and such sales, possession and use are violations of both state and federal laws; and because studies, which the city accepts and adopts, have shown that most smokers begin smoking before they have reached the age of 21 years and that those persons who reach the age of 21 years without having started smoking are significantly less likely to begin smoking; and because smoking has been shown to be the cause of several serious health problems which subsequently place a financial burden on all levels of government; this section shall be intended to regulate the sale, possession and use of tobacco and tobacco related devices for the purpose of enforcing and furthering existing laws, to protect minors against the serious effects associated with the illegal use of tobacco and tobacco related devices and to further the official public policy of the State of Minnesota in regard to preventing young people from starting to smoke as stated in M.S. § 144.391, as it may be amended from time to time.
Section 2. Amending Section 115.02 DEFINITIONS. Section 115.02, the definition of MINOR of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
MINOR. Any natural person who has not yet reached the age of 21 years.
Section 3. Amending Section 115.05(A) BASIS FOR DENIAL OF LICENSE. Section 115.05(A) of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
(A) The applicant is under the age of 21 years;
Section 4. Amending Section 115.06(A) PROHIBITED SALES. Section 115.06(A) of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
(A) To any person under the age of 21years;
Section 5. Amending Section 115.11 SIGNAGE. Section 115.11 of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
All licensed premises are required to post signs indicating it is illegal to sell tobacco and tobacco related devices to anyone under the age of 21 years and that the possession and use of such items by minors is also illegal under both state law and local law. Signs shall be at least 8.5 inches by 11 inches in size and shall be conspicuously placed.
Section 6. Amending Section 115.12 COMPLIANCE CHECKS AND INSPECTIONS. Section 115.12 of the City Code for City of Mountain Iron is hereby repealed and replaced with the following:
All licensed premises shall be open to inspection by the City Police or other authorized city official during regular business hours. From time to time, but at least once per year, the city shall conduct compliance checks by engaging, with the written consent of their parents or guardians, minors over the age of 15 years but less than 21 years to enter the licensed premises to attempt to purchase tobacco, tobacco products or tobacco related devices. Minors used for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco or tobacco related devices when such items are obtained as a part of the compliance check. No minor used in compliance shall attempt to use a false identification misrepresenting the minor’s age, and all minors lawfully engaged in a compliance check shall answer all questions about the minor’s age asked by the licensee or his or her employee and shall produce any identification, if any exists, for which he or she is asked. Nothing in this section shall prohibit compliance checks authorized by state or federal laws for educational, research or training purposes or required for the enforcement of a particular state or federal law.
Section 7. Repeal of Inconsistent Ordinance. All Ordinances inconsistent herewith are hereby repealed and replaced with the provisions of this Ordinance.
Section 8. Effective Date. This Ordinance shall be effective according to State Statute.
DULY ADOPTED BY THE CITY COUNCIL THIS 5th DAY OF JULY, 2022.
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Mayor Peggy Anderson
Attested:
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City Administrator
